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tion, and held out in their respective positions to be trusted, had the right to assume from their signatures the existence of all the
prerequisites to the valid issuance of the instruments. And this aside from the principles protecting the bona fide holder of negotiable paper. He had, further, the right to reinforce his position by calling to his aid these principles, in addition to the estoppel above mentioned. It
may be added that here the liability was more tightly clinched by the continued past reception of the instruments for taxes. Long usage had made the promise of such reception a part of the very obligation.
The payment of its paper is an admission of its validity which binds a corporation : State vs. Union Township, 8 Ohio St., 401; Town Keithsburg vs. Frick, 34 Ill., 421.
Our limits do not allow us to trace this interesting subject farther, though we are conscious that the foregoing is a very inadequate presentation of it.
Digest of United States Supreme Court Decisions.
[From 11th Wallace.]
ACTION. WHERE the law requires absolutely a ministerial act to be done by a public officer, and he neglects or refuses to do such act, he may be compelled to respond in damages to the extent of the injury arising from such nonfeasance or malfeasance. A mistake as to what his duty is, and honest intentions, will not excuse him. Amy vs. The Supervisors, 136: See also Public Law, 1. ADMINISTRATOR.-See Public Policy.
ADMIRALTY. If a vessel at anchor in a gale could avoid a collision threatened by another vessel and does not adopt the means for doing so, she is a participant in the wrong, and must divide the loss with the other vessel: The Sapphire, 164. AGENCY.-See Notice, 2.-BILL OF EXCHANGE-See Negotiable
CONFISCATION ACTS. 1. Of August 6th, 1861, and July 17th, 1862, are constitutional Their character described, and mode of making seizure of stocks under: Miller vs. United States, 268.
2. The owner of property, for the forfeiture of which a libel is filed under the latter act of the above mentioned, is entitled to appear and to contest the charges upon which the forfeiture is claimed, although he was at the time of filing the libel, a resident within the Confederate lines, and a rebel; and he can sue out a writ of error from this court to review any final decree of the court below condemning his property: 16.; Mc Veigh vs. United States, 259.
CONFLICT OF JURISDICTION. The State and National courts, being independent of each other, neither can impede or arrest any action the other may take, withi the limits of its jurisdiction, for the satisfaction of its judgments and decrees: Amy vs. The Supervisors, 136.
CONFUSION OF GOODS. Where distilled spirits forfeited to the United States are mixed with other distilled spirits belonging to the same person (ignorant of the forfeiture), they are not lost to the government by such mixture, either on the principle of confusion of goods, or transmutation of species, even though subsequently run through leaches for the purpose of rectification. The government will be entitled to its proportion of the result: The Distilled Spirits, 356.
CONSTITUTIONAL LAW. 1. The consent of Congress required by the Constitution to validate agreements between the States, need not be by an express assent to every proposition of the agreement. It may be inferred from legislation: Virginia vs. West Virginia, 39.
2. Congress can not impose a tax upon the salary of a judicial officer of a State: The Collector vs. Day, 113. COURT OF CLAIMS.—See Sovereignty.
EQUITY. 1. Is disposed to uphold settlements intelligently made for the sake of peace: May vs. Le Cl.rire, 217; Eureka Co. vs. Bailey Co., 488.
2. Will follow against a trustee abusing confidence, proceeds of trust property converted by him into money, and mould remedies so as to give the injured cestue que trust complete relief: May vs. Le Clire, 217.
3. And decline to remit parties, on breach of contract, to law for damages, though the contract be no longer capable of fulfillment, unless the remedy at law be as effectual as equity can make it: Ib.
4. Affects a client profiting by his counsel's inequitable doings with notice of what he inequitably did: May vs. Le Claire, 217, and see The Distilled Spirits, 356. See also Tax.
JURISDICTION. Of the Circuit Courts of the United States. 1. They have not jurisdiction in controversies between citizens of different States, where the jurisdiction of the courts of the United States depends upon the citizenship of the parties, if there are several co-plaintiffs, unless each plaintiff be competent to sue; executors and trustees suing for others' benefit forming no exception to this rule: Coal Company vs. Blatchford, 172.
2. Nor in a suit by a citizen of one State against a corporation, the declaration averring only that the corporation was created by act of Legislature of another State (named), is located in that State, and doing business there under its laws: Insurance Company vs. Francis, 210.
NATIONAL BANKS. 1. Can make no valid loan or discount on the security of their own stock, unless necessary to prevent loss on a debt previously contracted in good faith: Bank vs. Lanier, 369.
2. The placing by one bank of its funds on permanent deposit with another bank, is a loan within the spirit of this enactment: 16.
3. Loans by, to their stockholders, do not give a lien to the bank on the stock of such stockholders: 16.
NEGOTIABLE PAPER. In a suit on a negotiable security, when the defendant has shown strong circumstances of fraud in the origin of the instrument, this casts upon the holder the necessity of showing that he gave value for it before maturity: Smith vs. Sac County, 139.
NOTICE. 1. One who purchases railroad bonds in open market, supposing them to be valid and having no notice to the contrary, is a holder bona fide: Galveston Railroad vs. Cowdrey, 459.
2. The rule that notice to the agent is notice to the principal, applies not only to knowledge acquired by the agent in the particular transaction, but to knowledge acquired by him in a prior transaction, and present to his mind at the time he is acting as such agent, provided it be of such a character as he may communicate to his principal without breach of professional confidence: The Distilled Spirits, 356.
OMNIA RITE ACTA. In a collateral proceeding, to set aside a sale made under a judgment of another court, it must be shown that such court had no jurisdiction of the case. It is not enough to show mere errors and irregularity. The doctrine applied to a sale under the Attachment L'ws of Tennessee against a rebel absent in the rebel service: Ludlow vs. Ramsey, 581.
1. In the Supreme Court. 1. Bills of exceptions need not be sealed. It is sufficient that they be signed by the Judge: Generes vs. Campbell, 193.
2. When the citizenship of the parties is averred in the bill of complaint, and it thus appears that some of the plaintiffs are disqualified by their citizenship from maintaining the suit, the defect may be taken advantage of by demurrer, or without demurrer, on motion, at any stage of the proceedings. A plea in abatement is required only when the citizenship averred is such as to support the jurisdiction of the court and the defendant desires to controvert the averment: Coal Company vs. Blackford, 172.
11. In Circuit and District Courts. Congress has adopted for common law suits in the Federal courts the modes of procedure prevalent in the State courts, and where these are disregarded in the Federal courts, proceedings will be set aside: Moncure vs. Zuntz, 416. PROMISSORY Nore.-See Negotiable Paper.
PUBLIC LAW. 1. A foreign sovereign can bring a civil suit in the courts of the United States: The Sapphire, 164.
2. In the war of the rebellion the United States having had belligerent as well as sovereign rights, had a right to confiscate the property of public enemies wherever found, and also a right to punish offenses against their sovereignty: Miller vs. United States, 269.
3. The right of confiscation exists in case of a civil war as fully as it does when the war is foreign, and rebels in arms against the lawful government or persons inhabiting the territory exclusively within the control of the rebel belligerent, may be treated as public enemies. So may adherents, or aiders and abettors of such a belligerent, though not resident in such enemy's territory: Ib.
Public OFFICER.-See Action-Rebellion, 1.
A loss sustained by a surety in the administration bond, who has entered into the suretyship under a representation from a firm of which the administrator was a member, that they intended to take into the possession of the partnership all the assets of the intestate,